Montana Statutes

§ 30-2-202 — Final Written Expression -- Parol Or Extrinsic Evidence

Montana·Title 30 TRADE AND COMMERCE·Ch. 2 UNIFORM COMMERCIAL CODE SALES·Part 2 Form, Formation, and Readjustment of Contract

30-2-202 . Final written expression -- parol or extrinsic evidence. Terms with respect to which the confirmatory memoranda of the parties agree or which are otherwise set forth in a record intended by the parties as a final expression of their agreement with respect to such terms as are included therein may not be contradicted by evidence of any prior agreement or of a contemporaneous oral agreement but may be explained or supplemented:

(1)by course of dealing or usage of trade ( 30-1-205 ) or by course of performance ( 30-2-208 ); and
(2)by evidence of consistent additional terms unless the court finds the writing to have been intended also as a complete and exclusive statement of the terms of the agreement.

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Legislative History

En. Sec. 2-202, Ch. 264, L. 1963; R.C.M. 1947, 87A-2-202; amd. Sec. 9, Ch. 200, L. 2025.

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